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Home My WebLink AboutAPRIL 14, 1992 MINUTES "WORLD'S LARGEST RESORT CITY" CITY COUNCIL l@., A, .1111,11, l@I.R J-,, CITY COUNCIL AGENDA -LIE L l@@l, li@, @UIH 1-@ES @-1- -1 IA' APRIL 14, 1992 ITEM 1. CITY COUNCIL WORKSHOP - Council Chamber 10:00 AM' A. FY 1992-1993 OPERATING BUDGET E. Dean Block, Assistant City Manager for Economic Management ITEM 11. INFORMAL SESSION - Council Chamber - 1:30 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO EXECUTIVE SESSION ITEM -111. FOR14AL SESSION - Council Chamber - 2:00 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. INVOCATION: Reverend John Jordan, Jr. Galilee Episcopal Church, Pastor - Retired C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF EXECUTIVE SESSION F. MINUTES 1. INFORMAL & FORMAL SESSION - April 7, 1992 G. MAYOR'S PRESENTATION 1. PROCLAMATION - NATIONAL SPECIAL OLYMPICS DAY Robert S. Miller, 111, Vice President, Area 11, Special Olympics H. CONSENT AGENDA AII matters listed under the Consent Agenda are cons !dered in the ordinary course of business by City Counci I and wi I I be enacted by one motion in the torm listed. If an item is removed from the Consent Agenda, it will be discussed and voted upon separately. 1. Resolution authorizing the City Manager to execute a five- (5) year lease agreement between the City of Virginia Beach and The Virginia Beach Center for the Arts, 2200 Parks Avenue (VIRGINIA BEACH BOROUGH). 2. LOW BID: McLEAN CONTRACTING Lake Gaston Water Supply $3,454,450.00 COMPANY Project CIP 5-964, Contract B-1 Overhead Grossings 3. LOW BIDS with advance notice to proceed: ASPHALT ROADS & 1991-92 Bituminous $641,326.50 MATERIALS CO., INC. Utility Schedule Contract 11 A-TEC INDUSTRIES, INC. Little Neck Fire Station $517,000.00 CIP 3-944 4. CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY: Land Yachts 5. Ordinance authorizing tax refunds in the amount of $6,737.20. 1. PUBLIC HEARING 1. PLANNING BY CONSENT a. Application of ROBERT E. HATCH for a Variance to Section 4.4(b) of the Subdivision Ordinance which requires all lots created by subdivision meet all requirements of the City Zoning Ordinance, at 2321 Pleasure House Road (BAYSIDE BOROUGH). Recommendation: APPROVAL b. Applicatlons of RICHARD E. NOTTINGHAM re property on the South s i de of A I I yson Court, West of Oceana Bou I evard (1408 A I I yson Court), containing 16,074 square feet (PRINCESS ANNE BOROUGH): Variance to Section 4.4(b) of the Subdivision Ordinance which requires that all lots created by subdivision meet all requirements of the City Zoning Ordinance; Variance to Section 4.4(d) of the Subdivision Ordinance which requires that all lots created by subdivision shall have direct access to a public street; AND, Chanqe of Zoning District Classltication from B-2 Communlty- Business District to R-5D Resid nt al DuDlex District. Recommendation: APPROVE BOTH APPLICATIONS c. Appllcatlon of SALEM MEADOWS ASSOCIATES, for a Variance to Section 4.4(b) of the Subdivision Ordinance which requires that all lots created by subdivision meet all requirements of the City Zoning Ordlnance, on the East side of Devon Way, North of Burwillow Drive (KEMPSVILLE BOROUGH). Recommendation: APPROVAL d. Application of JOHN C. and MARY M. VOGEL for a Conditional Zoning Classification from AG-2 Aqricultural District to B Community Business District on the South side ot London B;i@d ge Road, 2550 teet more or less WEST Of General Booth Boulevard (2400 London Bridge Road), containing 18,000 square teet more or less (PRINCESS ANNE BOROUGH). Recommendation: APPROVAL e. Application of "E" CORPORATION for a Conditional Use Permit for an Indoor commercial recreational facility (family table top) in Suites 150 and 152, Newpoint Shopping Center (544 Newtown Road), containing 3,635 square feet (BAYSIDE BOROUGH). Recommendation: APPROVAL 2. PLANNING a. Application of R. G. MOORE BUILDING CORPORATION tor a modification to the Ocean Lakes Master Plan to allow townhouse -jevelopment in lieu ot multiple family development on Parcel A-2 on the East side of Bold Ruler Drive, 1564.9 feet South of Dam Neck Road, containing 20.791 acres (PRINCESS ANNE BOROUGH). Recommendation: APPROVAL b. Application of DEMETRIOUS T. and GARIFALIA KOULOUKIS for a Conditional Use Permit for an automobile repair garage at the Southeast intersection of Admiral Wright Boulevard and Euclid Road on Lots I and 22 through 25, Block 43, Euclid Place, containing 12,290 square feet (BAYSIDE BOROUGH). Deferred: March 10, 1992 Recommendation: APPROVAL c. Application ot WILLIAM and DELORES ORRICO, MR. and MRS. R. L. HOUFF, DARRELL and CAROLE GUNN, GARY ROBERTSON and SHARON LEE tor a Variance to Section 5.6(a) ot the Subdivision Ordinance which requires that sidewalks be constructed on both sides of an arterial or collector street, on the Northeast side of Cantwell Road, West of Haystack Drive (Buryn Farm South) (PRINCESS ANNE BOROUGH). Recommendation: DENIAL 3. PLANNING - RECONSIDERATIONS a. RECONSIDERATION OF CONDITION NUMBER ONE in the May 14, 1991, approved Application of PROVIDENCE PRESBYTERIAN CHURCH, for a Conditional Use Permit f or a church addition in the R-7.5 Residenti I D-istr'ict (5497 Providence Road) (KEMPSVILLE BOROUGH). b. RECONSIDERATION OF CONDITION NUMBER TEN "A" in the June 23, 1986, approved Applicatlon of AQUA SPORTS, INC., for a Conditional Use Permit for recreational facilities of an outdoor nature i behalf of CEAN BREEZE FESTIVAL PARK, INC.,' Tt 780 South Birdneck Road (FRINCESS ANNE BOROUGH). J. APPOINTMENT WETLANDS BOARD K. UNFINISHED BUSINESS L. NEW BUSINESS M. ADJOURNMENT SCHEDULE FY 1992-1993 OPERATING BUDGET City Council Chamber THURSDAY, APRIL 16, 1992 7:00 PM **SPECIAL FORMAL SESSION** PUBLIC HEARING Green Run Hlgh School Auditorium TUESDAY, APRIL 28, 1992 (Time to be determined) WORKSHOP THURSDAY, APRIL 30, 1992 7:00 PM **SPECIAL FORMAL SESSION** PUBLIC HEARING Princess Anne High School Auditorium THURSDAY, MAY 7, 1992 10:00 AM RECONCILIATION WORKSHOP TUESDAY, MAY 12, 1992 2:00 PM APPROPRIATION ORDINANCES COUNCIL SESSIONS CANCELLED MAY 5, 1992 CITY COUNCIL ELECTION DAY 4/9/92 gs M I N U T E S VIRGINIA BEACH CITY COUNCIL Virginia Beach, Vlrginia April 14, 1992 Mayor Meyera E. Oberndorf called to order the FY 1992-1993 OPERATING BUDGET WORKSHOP SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chambers, City Hall Building, on Tuesday, April 14, 1992, at 10:00 A.M- Council Members Present: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf and Nancy K. Parker Council Members Absent: Vice Mayor Robert E. Fentress (ENTERED: 10:07 A.M.) William D. Sessoms, Jr. (ENTERED: 12:00 NOON) - 2 - C IT Y MANA GE R ' S B R I E F IN G FY 1992-1993 OPERATING BUDGET ITEM # 35497 1:00 P.M. Mayor Oberndorf recognized the following Members of the Virginia Beach City School Board in attendance: Samuel W. Meekins - Chairman Cynthia M. Davenport Gerald G. Gibbs Dr. M. Boyd Jones - Vice Chairman Edward G. Kreyling, Jr. Martin J. Mulderrig, Jr. called and advised he was unable to attend the FY 1992-1993 Operating Budget Workshop. E. Dean Block, Assistant City Manager for Economic Management, advised the Parks and Recreation Department is impacted significantly by the reductions proposed in this year's Budget. The number of Full Time Employees authorized for the Department will decrease a total of 35 as a result of eliminating 23 and transferring 12 employees to other departments. This department will be funded approximately 7% less than last year. At the same time, certain services are being expanded within the Department. Landstown Elementary School will open in the Fall of 1992. Therefore, this budget includes the resources necessary to expand School Based Activity Centers to Landstown in order to continue to provide service to all elementary schools. FY 1992-93 will be the first full year of operation for the Virginia Beach Community Recreation Center - Bayside. Funding for a full year of operation is included in this budget. The overall program of the Kemspville Playhouse will be significantly reduced. The Department proposes to increase fees to provide additional general fund revenues, as well as to sustain School Based Activity Centers on a self- supporting basis. Approximately 30% of the Department's budget is recovered through fees. Susan D. Walston, Director - Department of Parks and Recreation, advised the Bayside Recreation Center will open April 23, 1992, with the ceremony scheduled for 11:00 A.M. The average cost per instructional class is $2.00 per hour. The Department will reduce operating costs by closing the community recreation centers at 5:00 P.M. on Saturday and Sunday instead of 8:00 P.M. on Saturdays and 6:00 P.M. on Sundays. Parks and Recreation have a very popular program at the Recreation Centers, which is the Senior Adult Walking Program in the early hours. This program has been impacted at Bow Creek when full staff coverage was not available during the early hours. There are no plans at this time to reconstruct or modify the theatre at Kempsville. It will be useful for outside groups in addition to City functions. It will still be available to supply the other cultural programs for youth. There are no plans at this time to dispose of the extensive costume inventory. Only the adult production season and the one-act plays have been eliminated. Information will be provided relative the difference in figures between the Recreation Centers at Great Neck and Bayside. Mrs. Walston advised the oceanfront life guard service contract for the Summer was $196,000, with the amount being substantially less for Sandbridge. Non residents are charged $75.00 per year for a Recreation Facility Card. Concerning the Red Wing and Bow Creek Golf Course, Position Summary, there will be changes based on City Council's decisions concerning recommendations of the STAFF REVIEW COMMITTEE's evaluation of the Public-Use Golf Course Committee Report. 38,000 cards were projected to be purchased for Adult and Youth facilities. If there is a shift and individuals purchase the card just for golf, this would impact the revenue and some adjustments might have to be made. Additional positions will be needed for the Southeastern Recreation Center to be opened in early 1994, consisting of new employees plus existing City staff. Information will be provided relative the public access stairs at Sandbridge. - 3 - C I T Y M A N A G E R t S B R I E F I N G FY 1992-1993 OPERATING BUDGET ITEM # 35497 (Continued) The Library Department is impacted in terms of a reduction in services. The department will reduce its management team by eliminating a divisional administrator. Without the position, the Department will have limited strategic planning in the areas of collection development, cateloging data base development, automated Inventory control and technology exchange with public schools. The Department will eliminate 1.5 positions by decentralizing coordination of the Summer Reading Club from the Director's Office to the area libraries, reassigning volunteer coordination and discontinuing adult programming and centralized support for children's programming. The Department will reduce the number of book and audio visual volumes purchased by 24,912 Items. Two full time positions associated with the ordering and processing of the materials will be eliminated. The number of items which will not be purchased is equivalent to 990 shelves of books and other materials. The Department w i I 1alter its bookmobile services and eliminate two permanent positions. The primary focus of the bookmobile will shift from suburban residents to preschool children and their parents in designated mat-risk" neighborhoods. To obtain additional funding necessary to achieve 2.0 books per capita and a materials budget of $7.50 per user, the Department will seek private donations. The Department will work with the Friends of the Library and other non-profit agencies to solicit donations for the purchase of library books. Funding for the Library Department will be at 91.7% of the FY 1991-92 Adjusted Operating Budget. The total number ot positions will decrease by 6.5 Full Time Employees. Total reduction in the bookmobile funding is approximately $67,000. Approximately $8,000 of this amount encompasses gas and garage maintenance on the vehicle. Martha J. Sims, Library Administrator, advised the mission of the bookmobile Is twofold: (1) Visit suburban neighborhoods and provide service to those neighborhoods that are far away from fixed facilities such as the General Booth Corridor and Sandbridge and (2) Take the bookmobile services to neighborhoods where the characteristics of the neighborhood would indicate they would not traditionally use library services (at-risk neighborhoods). Within that context of cutting back time from 6 days a week to 4 days a week and the staff being reduced, libraries proposed reducing service to the suburban neighborhoods where residents did have cars and the inclination to utilize library services. The bookmobile is probably the highest circulating in the State. Circulation per hour is equivalent to the Central Library on a Sunday. Approximately 6,000 items per month are circulated on the bookmobile. Circulation figures will be provided to City Council regarding the present bookraobile system by "stop". The Service Area Population at Great Neck will be provided. There are 172,000 registered library users. Mrs. Sims will verify the 17.7% Service Area Population Registered for Windsor Woods. Durlng reconciliation of the Budget, it was suggested to consider restoring funding to allow the bookmobile to function for 6 days, return the outreach service and attempt to reduce the $67,000 by spreading among the more urbanized libraries. To date, there are 68 new volunteers just for the Central Library and a master shelving program has been initiated. Thus, making a dent in the backup of shelvlng. Mrs. Sims advised even If the hours of the school libraries were extended, this would not appear to reduce demand on the public library to any significant extent as the school libraries were not large enough to support the type of research assignments assigned to students. The Planning Department is impacted significantly by a variety of consolidations. The Department is organized Into six divisions: Director's Office provides the overall leadership and administration for the department; Comprehensive Planning administers a comprehensive planning program that provides guidance for the long-range physical development of the City; Development Services provides customer oriented management of plan review, utility, right-of-way, moving and hauling permit Issuance, and surety administration; Environmental Management monitors the efficiency and effectiveness of city envlronmental activities, coordinates environmentally related mates, and promotes environmental education; Operatlons prepares and coordinates city staff review for development proposals requiring Planning Commission or City Council action, and reviews subdivision and site plans; and, Zoning Code Enforcement Interprets and ensures compliance with city zoning ordinance and other sections ot the City Code related to land use. - 4 - C IT Y MANA GE R ' S B R I E F IN G FY 1992-1993 OPERATING BUDGET ITEM # 35497 (Continued) Development review activities have declined with the maturation of the City and the current economic downturn. To address this decline, eight positions, including two supervisory/management positions have been deleted in the Planning Department, effective with this budget. One additional position was deleted in FY 1991-92. Positions have been transferred within departmental units to more efficiently address adjusted departmental workloads. Information will be provided concerning the cost savings of these eight positions. Robert J. Scott, Director of Planning, advised the increase in the Director's Office from $656,299 to $804,000, is a reflection of the consolidation. Regarding the positions shifted, cost for the positions shifted and the salaries of the individuals assuming the positions, will be provided in a more understandable format. Regarding the State Grant support for specific environmental monitoring and planning projects, this grant will require a City match of $30,000 for a total cost of $60,000 and the funds are not available to support this City match. Information will be provided relative the funding and specifics of this particular grant. Concerning the Agriculture Department, the State is reorganizing extension activities and has reduced resources for Extension Services in Virginia Beach over the past several years. Extension Services has addressed this by reductions is some services, and by identifying key programs of importance to Virginia Beach which should be retained through shifts of existing resources through possible increases in City support of some activities (such as the Gypsy Moth Program). With shifts in development activities in the City, a reorganization has been undertaken to streamline development review activities. This reorganization includes a transfer of Envirortmental Management from Natural Resources and Rural Services to the Planning Department. It also includes a combining of the other activities of the Department of Natural Resources and Rural Services within the Agriculture Department, An effort has been made to move the Farmers' Market toward a self-supporting entity. Rental and fee income is approaching 75% in relation to City appropriations. Louis E. Cullipher, Director of Agriculture, advised approximately 70% of the products sold in the Farmers' Market come from Virginia and 30% from North Carolina. One (1) full time local farmer does have a stall in the Market. Approximately 65% of the square footage is devoted to produce. As the purpose for which it was originally created seems to be changing, information regarding the City plans concerning the Farmers' Market will be provided. The VPI Extension Services is receiving $487,000 from the State. $217,294 is appropriated by the City for salaries. Concerning the Economic Development Department, a measurable portion of the returns to the City from its investments are evident from two industrial park developments. In 1972, a total of 202 acres, assessed at $5,000 per acre, was acquired to develop Airport Industrial Park. The total assessment at that time was $1,000,000. Now, approximately 99% developed, the total assessment is $93,928,604. In 1973, a total of 1,000 acres, assessed at $1,000 per acre, was acquired to develop Oceana West Corporate Park. The total assessment at that time was $1,000,000. Now, approximately 75% developed, the total assessment is $306,114,883. This represents only the real estate valuation increases; there may be even greater "spin-off" returns from other taxes. Mayor Oberndorf referenced the correspondence from Congressman Pickett concerning funds of approximately $1-BILLION available from the Federal Government to those communities impacted by the downsizing of the United States Military. Mayor Oberndorf was anxious for the formulation of a proposal to create jobs for those individuals becoming unemployed. W. Andrew Burke, Director of Economic Development, advised the preparation of this document is under away relative the impacts of reduction in the military to the City and methods to utilize the Federal funding. The completion of the International Parkway, relative the widening of the bridge, impacts Oceana West Corporate Park; however, this has not been a major issue. Mr. Burke advised a major part of the operation is business retention and expansion of existing industries. In instances, where businesses relocate from Virginia Beach, this is reported to the City Manager. The computer operation of Beverly Enterprises will be moved to Fort Smith, Arkansas, within the next eighteen months. This is a financial decision as their corporate office is located in Arkansas. The Economic Development Department is diligently working to fill the spot Beverly Enterprises is vacating. - 5 - C IT Y MANA GE R ' S B R I E F IN G FY 1992-1993 OPERATING BUDGET ITEM # 35497 (Continued) Mr. Burke estimated approximately a 20-year supply of land was available to be developed for economic development purposes that are not impacted by the Lake Gaston situation. An additional $50,000 has been recommended for an expanded advertising campaign, its goal being to promote Virginia Beach's business oriented attitude and climate. Mr. Burke referenced Total Quality Management. The particular issue involving difficulty in obtaining permits was identified by Economic Development. An attempt to solve the permit process in Virginia Beach is currently in process. Mr. Burke advised the Department is promoting a pro business philosophy. David M. Grochmal, Director - General Services, advised the Department is considering the following services areas for reductions in the Building Maintenance Division (1) custodial services reduced from 5 days per week to 3 days for all City buildings excluding recreation centers; (2) Reduction of recreation center operating schedules from a 7 days per week to 5 days per week (electrical savings $116,817); and, (3) Reduction of the operations of the Parks and Recreation ball fields, tennis courts et cetera, from 7 days per week to 4 days per week (electrical savings $29,531). The reduction in custodial services will delete 14 Full Time Employees from the Division. This reduction requires office personnel to clean their own desks and remove their trash. The Building Maintenance Division had to make deferrals of certain building improvements and repairs in order to meet fiscal restrictions. The Landscape Services Division assessed the following alternatives in order to formulate the budget: (1) elimination of the Clean Community Coordinator position and (2) contracting the mowing and landscaping of the City's pump stations. The Landscape Services Division had to implement both of these options in order to finalize their budget. In the Clean Community budget reduction, the Department is reducing the amount of the City contribution (approximately $31,000), but will still be able to maintain the State grant of $18,000. There are two programs which must be conducted to obtain the State grant: (1) educational component and (2) community involvement component. Both of these components will be accomplished with the State grant. Educational efforts in the third grade elementary school classes and the Adopt-A-Street and the Adopt-A-Spot Program will be continued utilizing volunteers; however, funding their supplies will be through the State grant. Staff support will not be provided to the Clean Community Commission's events i.e. "Earth Day". The Adopt-A-Highway and Adopt-A-Beach will continue with the existing City staff. Information will be provided concerning the Adopt-A-Waterways Program. The Sheriff's work force utilized to pick up litter, is an extensive effort and has supplemented the budget greatly. The contracting of pump station mowing and maintenance results in the elimination of 10 Full Time Employees. The Automotive Services Division sustained a 10% decrease in available funding. In order to meet this reduction, the City Garage will eliminate 3 full time employees and 3 temporary positions on July 1, 1992, as well as 3 more full time permanent positions during FY 1992-93. In order to hold the increase of electrical service to a minimum, the City will institute 70 and 78 degree heating and cooling temperature restrictions in all City buildings. The use of space heaters in offices will be eliminated. This will save approximately $250,000. Concerning the Landscape Services Administration, two positions are being eliminated: a supervisor and a secretary. The review and inspection program will now be centralized in the Planning Department. Approximately 80% of the highway mileage for mowing is contracted. Mowing of highways in the rural areas is handled by City staff. The frequency of rural mowing would be approximately 5 1/2 weeks with urban highways being 2 1/2 weeks. Concerning horticultural operations and the providing of mulching and fertilization, the City Staff will advise whether recyclable material is utilized from SPSA. - 6 - C IT Y MANA GE R ' S B R I E F IN G FY 1992-1993 OPERATING BUDGET ITEM # 35497 (Continued) Relative the Underground Storage Tank Program, funds in the amount of $93,548 are to provide administration to comply with State and federal legislation and regulations. There is one full time and two contractual positions. The Department has just brought on line one of the two contractual employees to go through the extensive paperwork process to receive state reimbursement for the City's clean up efforts. The Fire Department oversees tanks in the private sector. A plan is being developed for the next CIP cycle to construct 5-7 major consolidated fueling sites within the City. These will be underground tanks. All other locations, which have to have fuel, will have small tanks above ground, probably 1,000 to 2,000 gallons. The Department is also working with the School Administration, who has a similar problem, to get all City and School tanks out of the ground. The General Services Department has been downsized 10% or 40 employees. Under the Boards and Commissions section, the General Registrar's recommended budget included 2.9 additional temporary positions to handle the increased workload expected as a result of the presidential election. Per capita funding for the Arts and Humanities Commission has been reduced from $.75 to $.50 per capita. This will reduce audiences served. The Video Services Department is retitled from Joint Cable and has been reorganized as one unit responsible for all video production and programming of VBS 28 (public school system cable channel) and MCN 29 (municipal cable channel). The Municipal Production Unit, part of the Public Information Office, has been responsible for program production on MCN 29. All of these units are combined into one program in the budget recommendation. The savings to the City and to the Schools from this consolidation will be approximately $135,000. Concerning the Mass Transit Operation, information will be provided concerning any pay increase expected for TRT employees. The Non-Departmental section serves as an umbrella department for appropriations which are city-wide in nature and, as such, are not contained in an operational department. This section also provides for revenue rebates, such as tax exemption for the elderly, as authorized by council ordinance. Community Organization Incentive Grants provide funding to not-for-profit agencies which provide necessary and useful services to residents of Virginia Beach at a level of $.65 per capita. This will be approximately 13% reduction in total available funds. Rational for the difference in the reduction of the particular programs contained in the COIC was determined by a ranking process. It was determined no agency would receive more than the previous budget and based on final rankings, allocations were made. Information concerning the criteria utilized in this ranking process will be provided, as well as how each particular agency scored. Concern was expressed relative the reduction of $40,000 for Resource Mothers and how this would impact their particular program. Information will be provided relative the provision limiting the amount of the Community Organization Incentive Grant funds that can be used for administrative costs. An analysis will be provided concerning how the City of Virginia Beach compares to other localities within the State relative this provision of funding on a per capita basis. The Neptune Festival and the Life Saving Museum do not appear to belong under Community Organization Incentive Grants division. It was suggested these functions should become part of the Convention and Visitor Development Budget. The City has been a co-sponsor of the Neptune Festival for over twenty years. The major item in Revenue Reimbursements has to do with the tax relief primarily for the elderly. The tax base did not increase this year. Therefore, the funding for those programs has remained constant. Given resource limitations, it is recommended that reimbursement amounts be pro-rated based on available resources, if total reimbursements would otherwise exceed budgeted funds. In the area of Regional Participation, the major issue is a reduction of 5% in the contribution to the Medical College of Hampton Roads from $459,191 to $436,231. Those funds have been shifted to the Health Department for utilization in the Adult Medical Clinic. Concern was expressed relative providing a funding match for the operation of Virginia Dare Soil and Water Conservation District Commission as a funding match could not be provided for specific environmental monitoring and planning projects. - 7 - C IT Y MANA GE R ' S B R I E F IN G FY 1992-1993 OPERATING BUDGET ITEM # 35497 (Continued) Councilman Lanteigne distributed an Alternative Pay Proposal for City Employees. Said proposal is hereby made a part of the record. Beginning July 1, 1992, a step increase not to exceed 2.5% for eligible School employees and a merit increase not to exceed 2.5% for all eligible City employees. This increase would be effective on the employee's anniversary date. Beginning January 1, 1993, there would be a 2.5% cost of living adjustment for all City and School employees not to exceed $1200.00. Beginning January 11 1993, there would be an increase of $20.00 per month in employers contribution to health insurance. This proposal would be approximately $1.25-MILLION additional to the amount provided in the current budget and would create an additional $6.3- MILLION in Fiscal Year 1993-1994. An analysis will be provided regarding the impact on next fiscal year 1993-1994. Relative employees funded under the CIP, Mr. Block shall provide the long term cost, if compounded for a twenty year program. This Budget does not assume the availability of a Stormwater Management Fee. Information relative staffing of a proposed Stormwater Management Fee will be provided with its impact upon the Budget. BY CONSENSUS, City Council SCHEDULED: FY 1992-1993 OPERATING BUDGET WORKSHOP 10:00 A.M. April 28, 1992 SCHOOL BUDGET PRESENTATION 2:00 P.M. April 28, 1992 *Councilman Brazier DISCLOSED pursuant to Section 2.1-639.14(G) of the Code of Virginia, he was currently employed by the City of Virginia Beach as a police officer in a position @n the Commonwealth Attorney's Office. Councilman Brazier declared he was able to participate in discussion and vote on the FY 1992-93 Operating Budget fairly, objectively and in the public interest. Councilman Brazier's letter of April 14, 1992, is hereby made a part of the record. *Councilman Lanteigne DISCLOSED pursuant to Section 2.1-639.14(G) of the Code of Virginia, he was currently employed by the City of Virginia Beach as a police officer in a position in the Sheriff's Office. Councilman Lanteigne declared he was able to participate in discussion and vote on the FY 1992-93 Operating Budget fairly, objectively and in the public interest. Councilman Lanteigne's letter of April 14, 1992 is hereby made a part of the record. IE3@"@ia 23@ BASTIO@ COURT JAMES,W BRAZIEH@ JR VIRGI.IA BEAC., VIRG NIA 23154 COUNCILMAN LINNHAVE@ BOROUGH (Bo@@ @63 @032 April 14, 1992 Mrs. Ruth Hodges Smidi, CMC/AAE City Clerk's Office Municipal Center Virginia Beach, VA 23456 Re: Disclosure PurSuant to Section 2.1-639-14(G), Code of Virginia Dear Mrs. Smith: Pursuant to the Virginia Conflict of interests Act, Section 2.1-639.14(G), Code of Virginia, I make the following declaration: 1. The transaction for which I am executing this written disclosure is the City Council discussion and vote on the FY92-93 proposed operating budget for the city. 2. 1 am cuffendy employed by the CitY of Virginia Beach as a pohce officer in a position in the Com-onwealth Attomey's Office. 3. As a City e-ployee, I a- a member of a group, i.e., City employees, the members of which are affer-ted by the transaction. 4. 1 wish to disclose this interest and declare that I am able to participate in the mnsaction fairly, objectively, and in the pubhc interest. Mrs. Ruth Hodges Smith -2- April 14, 1992 Re: Disclosure Pursuant to Section 2.1-639.14(G), Code of Virginia Accordingly, I respectfully request that you record this declaration in the official records of the City Council. I have enclosed an opinion letter from Leslie L. Lifley, City Attomey, which addresses this same matter. Thank you for your assistance and cooperation in diis matter. Sincerely, I Jr. JWBjr/clb Enclosure City, @f LESL EL L LLEY MU. CIP-L CE@TE@ C Ty @TTO..EY 'IRGI@'@ BE.C@ V@ 2@56 900@ (S@) @21 @531 FA. (80@) @26-5681 A 14, 1992 ,ril Councilman James W. Brazier, Jr. Municipal Center Virginia Beach, VA 23456 Re: Request for Conffict of Interests Act Opinion Dear Councilman Brazier: I am writing in response to your request for an opinion as to whether you may participate in the City Council discussion and vote on the FY92-93 proposed operating budget for the City. Summaa Co lu ion. I am of the opinion that since the Conffict of Intrrests Act does not anticipate the personal interests of a legislator-employee regarding the transactions before a public body, you do not have a personal interest in the transaction as defined by the Act. Thus, you are pemiitted to participate in this matter without restriction. Notwidistanding this conclusion, I have previously advised you by letter of July 2, 1990, to forow the dictates of the Act in cases in which you will realize a reasonably foreseeable direct or indirect benefit or detriment. The facts herein indicate diat it is reasonably foreseeable diat you may reabze a @cial benefit or detriment, depending upon the decisions made by the Council widi respect to the budget which includes, wnong odier provisions, provisions regarding merit leave and a cost-of-living adjustrnent. Therefore, it is my advice that you fouow the dictates of the Act. Based on the fact diat you are a member of a group which is affected by the transaction, i.e., all City employees, the Act provides that you may participate in the Councilman James W. Brazier, Jr. -2- April 14, 1992 Re: Request for Conffict of Interests Act Opinion discussion and vote on the budget upon disclosure and a detemiination by you that you can participate fairly, objectively, and in the public interest. For your inforniation I have oudined the disclosure requirements of Section 2.1-639.14(G) should you desire to disclose your relationship and vote; I have also set forth the applicable provisions for abstention set forth in SS 2.1-639.14(E), should you choose not to vote. I base the aforesaid conclusions on the fohowing facts which you have presented. Please review and verify the accuracy of the facts as set forth as you may only rely upon diis opinion if they are correct and complete. Your request for an advisory op@on is generated by the City Council discussion and vote on the City's proposed operating budget for FY92-93. The operating budget includes, among odier provisions, provisions regarding merit leave and a cost-of-living adjustment. You advise that your concem with respect to the wmsaction is that you are currendy employed by the City of Virginia Beach as a pohce officer, eaming a @ in excess of $10,000 and you are assigned to the Commonwealth Attomey's Office. You also are a Council member of the City of Virginia Beach, ean-dng a sauq in excess of $10,000. Are you precluded from participating in the City Council discussion and vote on the proposed operating budget for FY92-93? Dis 1. A12plicable Definifions of 42.1-639.2: A. The City Council as the legislative branch of local govermnent is a "govermnental agency" under the Act. B. As an elected goverritnental official, you are an "officer" widiin the meaning of the Act. C. As an employee of the City, you are also an "employee" widiin the meaning of the Act. Councilman Jarnes W. Brazier, Jr. -3- April 14, 1992 Re: Request for Conflict of Interests Act Opinion D. City Council's discussion and vote on the budget is a "transaction" as defined by the Act. A "transaction" includes any matters considered by any govemmental agency on which official action is taken or contemplated. E. "Business" is defined as a corporation, partnership, sole proprietorship, firm, enterprise, franchise or association, trust or foundation, or any other individual or entity carrying on a business or profession, whether or not for profit. Neither the City nor the City Council fafls wi@ the de@tion of a "business" under the Act. F. "Personal interest" is defined as a financial benefit or liability which accnies to an officer, employee, or to an inimediate family member. The interest exists by reason of one of five categories specified dierein as: 1) ownership in a business if the ownership interest exceeds 3 % of the total equity of the business 2) annual income from ownership in real or personal property or a business in excess of $10,000.00 3) salary from the use of property or paid by a bu ines that exceeds $10,000.00 annually 4) ownership of real or personal property when the interest exceeds $10,000.00 in value, exclusive of ownership in a business, or saluy 5) personal liability incuffed or assumed on behalf of a business which exceeds 3 % of the asset value of the business. (Emphasis added). G. A "personal interest in the transaction" exists when an officer or employee or a member of his innnediate family has a personal interest in property or a usine or represents any individual or business and such property, business or represented individual (i) is the subject of the transaction or (ii) may realize a reasonably foreseeable direct or indirect benefit or detriment as the result of the agency considering the transaction. (Emphasis added). H. Application of Definitions: A. Personal Interest Based upon my review of the facts presented, you do not have a "personal interest" as defined above, because you do not receive a salary from a "business." Instead, your salary is paid by the City of Virginia Beach which is classified under the Act as a governinental agency. B. Personal Interest in the Transaction You do not have a "personal interest", as defined above, therefore you cannot have a "personal interest in the transaction" under the definition of the Conflict of Interests Act. Councilman James W. Brazier, Jr. -4- April 14, 1992 Re: Request for Conflict of Interests Act Opinion III. Prohibitions and Disclosure Requiremen Based on the conclusion that you have no personal interest in the Council's discussion and vote on the budget, it is my opinion diat you are permitted to participate in discussions of the City Council and vote on this item. As indicated in my letter to you dated July 2, 1990, the Conflict of Interests Act does not anticipate the personal interests of a legislator- employee regarding @sactions before the public body. However, while you do not have a personal interest as defined by the Act, I advised that you foflow the dictates of the Act in cases where you personally will realize a fmancial benefit or detriment as an employee of the City. Council's discussion and vote on the proposed FY92-93 operating budget could foreseeably result in a financial benefit or detriment to you since you are a City employee. Thus, it is my advice diat you follow the dictates of the Act. Based on the fact diat you are a member of a group which is affected by the transaction, i.e., aU City employees, the Act provides that you may participate in the discussion and vote on the budget upon disclosure and a determination by you that you can participate fairly, objectively, and in the public interest. (See SS 2.1-639.11(A)(2)). In the altemative, you may choose to abstain from voting and disclose any interest. Either of these may difftise any perception problems that may arise. (See SS 2.1-639.14(E)). Enclosed please find a written declaration fonn, should you decide to declare your interest. This disclosure forrn is based on SS 2. i-639.14(G). This section provides that you may eidier make this declaration orally, which is to be recorded in the written niinutes of the City Council, or you may file a signed written declaration with the Clerk of City Council, who shall retain and make this document available for public inspection for a period of five years from the date of recording or receipt. If you should desire to abs@ from voting, SS 2.1-639.14(E) provides diat in such instances, the officer shau fordiwith make disclosure of the existence of his interest and his disclosure shafl be reflected in the public records for five years. The Conflict of Interests Act deals with the types of influences upon a public officer's or employee's judgment which are clearly improper. The law cannot, however, protect Councilman James W. Brazier, Jr. -5- April 14, 1992 Re: Request for Conffict of Interests Act Opinion against all appearances of improper influence. In that respect the Act places the burden on the individual officer to evaluate whether the facts presented would present an appearance of impropriety which is unacceptable or which would affect the confidence of the public in the officer's ability to be impartial. Please contact me should you desire any additional information. Very truly yours, Leshe L. Lilley City Attomey LLL/RMB/clb Enclosure Seen and Concurred: PAUL J LANTEIGNE @752 STONE ROAR) COUNCILMAN - PUNGO BOROUGH VIRGINIA BEACH, V RGIN A 23,57 (804) 721 -@5 April 14, 1992 Mrs. Ruth Hodges Smith, CMC/AAE City Clerk's Office Municipal Center Virginia Beach, VA 23456 Re: Disclosure Pursuant to Section 2.1-639.14(G), Code of Virginia Dear Mrs. Smith: Pursuant to the Virginia Conffict of Interests Act, Section 2.1-639.14(G), Code of Virginia, I make the foflowing declaration: 1. The transaction for which I am executing this written disclosure is the City Council discussion and vote on the FY92-93 proposed operating budget for the City. 2. 1 am cuffendy employed by the City of Virginia Beach as a pohce officer in a position in the Sheriff's Office. 3. As a City employee, I am a member of a group, i.e., City employees, the members of which are affected by the transaction. Mrs. Ruth Hodges Smith -2- April 14, 1992 Re: Disclosure pursuant to Section 2.1-639-14(G), Code of Virginia 4. I wish to disclose this interest and declare that I am able tO ParticiPate in the transaction fairly, objectively, and in the public interest. Accordingly, I respectfully request that you record this declaration in the official records of the City Council. I have enclosed an opinion letter from Leslie L. Lilley, City Attorney, which addresses diis saine matter. Thank you for your assistance and cooperation in this -atter. Sincerely, Paul J. Lanteigne Councilman PJL/clb Enclosure @ity- @@@c:" LESLIE L L LLEY U@ Cil@L GE@TER CITY ITTO@@EL VI.GL@IA BEAC@ VA 23@56 900@ (80@) @21-@531 FAX (801) 426 5681 April 14, 1992 Councihnan Paul J. Lanteigne Municipal Center Virginia Beach, VA 23456 Re: Request for Conflict of Interests Act Opinion Dear Councilman Lanteigne: I am writing in response to your request for an opinion as to whedier you may participate in the City Council discussion and vote on the FY92-93 proposed operating budget for the City. Summaa Co lu ion. I am of the opinion diat since the Conflict of Interests Act does not anticipate the personal interests of a legislator-employee regarding the transactions before a public body, you do not have a personal interest in the transaction as defined by the Act. Thus, you are permitted to participate in this matter without restriction. Notwithstanding tbis conclusion, I have previously advised you by letter of July 2, 1990, to follow the dictates of the Act in cases in which you will realize a reasonably foreseeable direct or indirect benefit or detriment. The facts herein indicate that it is reasonably foreseeable diat you may reatize a financial benefit or de@ent, depending upon the decisions made by the Council wid, respect to the budget which includes, arnong odier provisions, provisions regarding merit leave and a cost-of-living adjustrnent. Therefore, it is my advice that you follow the dictates of the Act. Based on the fact that you are a member of a group which is affected by the transaction, i.e., afl City employees, the Act provides that you may participate in the Councilman Paul J. Lanteigne -2- April 14, 1992 Re: Request for Conflict of Interests Act Opinion discussion and vote on the budget upon disclosure and a detennination by you diat you can participate fairly, objectively, and in the public interest. For your information I have outlined the disclosure requirements of Section 2.1-639.14(G) should you desire to disclose your relationship and vote; I have also set forth the apphcable provisions for abstention set forth in SS 2.1-639.14(E), should you choose not to vote. I base the aforesaid conclusions on the fouowing facts which you have presented. Please review and verify the accuracy of the facts as set forth as you may only rely upon diis opinion if diey are correct and complete. es nt d, Your request for an advisory opinion is generated by the City Council discussion and votr on the City's proposed operating budget for FY92-93. The operating budget includes, among odier provisions, provisions regarding merit leave and a cost-of-hving adjustrnent. You advise diat your concem widi respect to the transaction is diat you are currendy employed by the City of Virginia Beach as a police officer, eaniing a @ in excess of $10,000 and you are assigned to the Sheriff s Office. You also are a Council member of the City of Virginia Beach, eaming a salary in excess of $10,000. Are you precluded from participating in the City Council discussion and vote on the proposed operating budget for FY92-93? D I. A@licable De mti ns of 2.1-6 9.2' A. The City Council as the legislative branch of local govermnent is a "govenunental agency" under the Act. B. As an elected govemmental official, you are an "officer" wi@ the meaning of the Act. C, As an employee of the City, you are also an "employee" widiin the meaning of the Act. Councilman Paul J. Lanteigne -3- April 14, 1992 Re: Request for Conflict of Interests Act Opinion D. City Council's discussion and vote on the budget is a "transaction" as defined by the Act. A "transaction" includes any matters considered by any govermnental agency on which official action is taken or contemplated. E. "Business" is defined as a corporation, partnership, sole proprietorship, firm, enterprise, franchise or association, trust or foundation, or any other individual or entity @ing on a business or profession, whether or not for profit. Neither the City nor the City Council fars wi@ the definition of a "business" under the Act. F. "Personal interest" is defined as a financial benefit or liability which accnies to an officer, employee, or to an immediate family member. The interest exists by reason of one of five categories specified therein as: 1) ownership in a business if the ownership interest exceeds 3 % of the total equity of the business 2) annual income from ownership in real or personal property or a business in excess of $10,000.00 3) salary from the use of propert7y or paid by a business that exceeds $10,000.00 annually 4) ownership of real or personal property when the interest exceeds $10,000.00 in value, exclusive of ownership in a business, or salary 5) personal liability incurred or assumed on behalf of a business which exceeds 3 % of the asset value of the business. (Emphasis added). G. A "personal interest in the U=saction" exists when an officer or employee or a member of his irrunediate family has a personal interest in property or a business or represents any individual or business and such property, business or represented individual (i) is the subject of the transaction or (ii) may realize a reasonably foreseeable direct or indirect benefit or detriment as the result of the agency considering the transaction. (Emphasis added). U. Application of Definitions: A. Personal Interest Based upon my review of the facts presented, you do not have a "personal interest" as defined above, because you do not receive a salary from a "business." Instead, your @ is paid by the City of Virginia Beach which is classified under the Act as a govemmental agency. B. Personal Interest in the Transa tion You do not have a "personal interest", as defined above, therefore you cannot have a "personal interest in the u=saction" under the definition of the Conflict of Interests Act. Councilman Paul J. Lanteigne -4- April 14, 1992 Re: Request for Conflict of Interests Act Opinion IH. Prohibitions and Dis losure Re uirements Based on the conclusion that you have no personal interest in the Council's discussion and vote on the budget, it is my opinion that you are permitted to participate in discussions of the City Council and vote on this item. As indicated in my letter to you dated July 2, 1990, the Conffict of Interests Act does not anticipate the personal interests of a legislator- employee regarding tiransactions before the pubhc body. However, while you do not have a personal interest as defined by the Act, I advised that you follow the dictates of the Act in cases where you personally will realize a financial benefit or detriment as an employee of the City. Council's discussion and vote on the proposed FY92-93 operating budget could foreseeably result in a fmancial benefit or de@ent to you since you are a City employee. Thus, it is my advice that you forow the dictates of the Act. Based on the fact diat you are a member of a group which is affected by the transaction, i.e., all City employees, the Act provides diat you may participate in the discussion and vote on the budget upon disclosure and a determination by you diat you can participate fairly, objectively, and in the public interest. (See SS 2.1-639.11(A)(2)). In the altemative, you may choose to abstain from voting and disclose any interest. Either of these may diffuse any perception problems that may arise. (See SS 2.1-639.14(E)). Enclosed please find a vaitten declaration form, should you decide to declare your interest. This disclosure form is based on SS 2.1-639.14(G). This section provides diat you may either make this declaration orauy, which is to be recorded in the written minutes of the City Council, or you may file a signed written declaration with the Clerk of City Council, who shafl retain and make this document available for public inspection for a period of five years from the date of recording or receipt. If you should desire to abstain from voting, SS 2.1-639.14(E) provides that in such instances, the officer shar forthwidi make disclosure of the existence of his interest and his disclosure shall be reflected in the pubhc records for five years. The Conffict of hiterests Act deals widi the types of influences upon a public officer's or employee's judgment which are clearly improper. The law cannot, however, protect Councilman Paul J. Lanteigne -5- April 14, 1992 Re: Request for Conflict of Interests Act Opinion against all appearances of improper influence. In that respect the Act places the burden on the individual officer to evaluate whether the facts presented would present an appearance of impropriety which is unacceptable or which would affect the confidence of the public in the officer's ability to be impartial. Please contact me should you desire any additional information. Very truly yours, Leshe L. Lilley City Attomey LLL/RMB/clb Enclosure Seen and Concuffed: - 8 - ITEM # 35498 The INF'ORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL was called to order by Mayor Meyera E. Oberndorf in the Council Chambers, City Hall Building, on Tuesday, April 14, 1992, at 1:40 P.M. Council Members Present: John A. Baum, James W. Brazier, Jr. , Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Absent: None - 9 - ITEM # 35499 Mayor Meyera E. Oberndorf entertained a motion to permit City Council to conduct its EXECUTIVE SESSION, pursuant to Section 2.1-344, Code of Virginia, as amended, for the following purposes: 1. PERSONNEL MATTERS: Discussion or consideration of or interviews of prospective candidates tor employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining, or resignation of specific public officers, appointees, or employees pursuant to Section 2.1-344 (A) (1). To-Wit: Appointments: Erosion Commission Wetlands Board Upon motion by Vice Mayor Fentress, seconded by Councilman Heischober, City Council voted to proceed into EXECUTIVE SESSION. Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent None - 10 - F 0 R M A L S E S S I 0 N VIRGINIA BFACH CITY COUNCIL April 14, 1992 2:00 P.M. Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chambers, City Hall Building, on Tuesday, April 14, 1992, at 2:00 P.M. Council Members Present: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf and William D. Sessoms, Jr. Council Members Absent: Nancy K. Parker (FAMILY BUSINESS) INVOCATION: Reverend John Jordan, Jr. Galilee Episcopal Church, Pastor - Retired. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Item III-E.I. CERTIFICATION OF EXECUTIVE SESSION ITEM # 35500 Upon motion by Vice Mayor Fentress, seconded by Councilman Heischober, City Council CERTIFIED THE EXECUTIVE SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Executive Session to which this certification resolution applies; AND, Only such public business matters as were identified in the motion convening the Executive Session were heard, discussed or considered by Virginia Beach City Council. Voting: 10-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Nancy K. Parker .6 lital tatt CERTIFICATION OF EXECUTIVE SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into EXECUTIVE SESSION, pursuant to the affirmative vote recorded in ITEM # 35499, Page No. 9, and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.1-344.1 of the Code of Virginia requires a certification by the governing body that such Executive Session was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Executive Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Executive Session were heard, discussed or considered by Virginia Beach City Council. @th Hodges-Smith, CMC/AAE City Clerk April 14, 1992 - 12 - Item III-F.l. MINUTES ITEM # 35501 Upon motion by Vice Mayor Fentress, seconded by Councilman Sessoms, City Council APPROVED the Minutes of the INFORMAL AND FORMAL SESSIONS of April 7, 1992. Voting: 10-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent; Nancy K. Parker - 13 - Item III-G.I. PROCLAMATION ITEM # 35502 Mayor Oberndorf PROCLAIMED: NATIONAL SPECIAL OLYMPICS DAY APRIL 26, 1992 Robert S. Miller, III - Vice President, Area II, Special Olympics, ACCEPTED the PROCLAMATION and introduced five young athletes: Max Everton Anthony Sweeney Chuck Bryant Melissa Moore Bobby Dozier This PROCLAMATION recognized Special Olympians, the Spirit of Special Olympics, the mentally retarded, their lives and love for life, the training completion and adventure of Special Olympics. Special Olympics is a year-round, international movement of sports training and competition which gives children and adults, who are mentally retarded, an opportunity to develop their physical skills, display their abilities and, most importantly, fulfill their human potential. rrttrt;atn;atilatt $Pecial OIBMpics is a Bear-r,3una, international movement of sports training and competition Dbich gives children and a6,,lts, who are mentalig retaraea, a. op p,3rtunitg ta aeve lop their phmsical skills, bisplag their abilibies an6, most imprirtantlg, fulfill t!heir human potential. $pecial (DIIMpics is a springboard for persons with mental retarbatign t,3 12arn confidence frm apportunibles to work bar6 an6 reacb goals; the Sppcial Olgmpics In I)Irginia Beach provibes mentalli; rebarbed citiyens U)ith the opparl!unitu to participate in athletic activities ant other social event!s; special olppics enaeavars bg the mentallg retaraet are get another s@mbal of the cn=itment and dedication of mentallm retarded citizens ta parbicipate in sociebg and to plau an active role in t!heir futures and in the idell-being of suciet!!3 as a whole; : there is currentIB not an inbi,)idual baA where recognit!inn is given ta the $pecial Olgmpics pragram In I)irginia Beach; : Everil gear there is a spring track and fiela !game helb in the Cit!A at! arte of t!be high schools or other facilities for the purpose of tbe abblet!ic compet!itian between $Fecial OlAmpians of all levels. tbis bag is gencrall-A gijen as t!he dam wben tbe majoribg of societA recogni;ses the Special Olgmpics program in I)irginia Beach, thrcugh,3ui! tnrginia anb the U$A; : At the Int!ernat!ional $ummer Special OlAmpics cames at! Notre ;)ame Universit!g in 1987, noteb acter Milliam Hurt! said that $Vecial Clgmpics is a program "where human 6ignitU is treasured abol2e ang priise." Beganb t!he benefits for the $pecial Olgmplans, themselues, $pecial 018mpics helps people, warlbwide, gain a great respect an6 love for human life. It brings out the best in all 3f us; : the Uniteb $tates of America has national babs to sppcificallg honer inoivlbuals, nrganizati,3ns and persons for their commitments an6 efforts; : the I)irginia Beach $pecial Olgmpics wants to take the leab thrnugh recognit!inn from its' Cibg Council anO citizens for a 6ag that hanars $pecial Olgmpians, the $pirit of $pecial Oljmpics, t!he ment!all,A retardeo, their Iii)es and 1,3ve tnr life, the training competitixin anb adventure of $pecial ol'Ampics; Now, @ORE, %, MeMera E. Obern6arf, Magar of the Citg at I)irginia Beach, I)irginia, 6a herebg PR4)CLAU: A P R I r 2 5 I 9 9 2 N A t I 0 N A C 5 P E C I A f 0 f g 4 P 1, C 5 D A in Dirginia Beach and call upon all citizens to banor this 6aB in I)irginia Beach. %x mr@ll @Y, I have hereunto set mA hand an6 caused the Official $eal of I!he CitU nf Virginia Beach ba-,i be affixe6 this Cment@-fifth bag of April, Nineteen Hunare6 anO Ninot@-two. Megp,ra E. Obernburf Magar - 15 - Item III-G.3. RESOLUTION ITEM # 35504 ADD-ON Judy Connors, 3958 Whispering Oaks Place, Immediate Past President of the Ocean Park Civic League, spoke in SUPPORT of the Resolution. Bill Hardaway, Co-Chairman of Ocean Park Civic League. Upon motion by Councilman Jones, seconded by Councilman Heisch6ber, City Council ADOPTED: Resolution affirming OPPOSITION to on-premises ABC license for sale of beer and wine at 3656 Shore Drive at IN THE BLACK, INC. Voting: 10-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Nancy K. Parker I A RESOLUTION TO OPPOSE THE ISSUANCE 2 OF AN ABC ON-PREMISES LICENSE TO IN 3 THE BLACK, INC. 1 3656 SHORE DRIVE, 4 VIRGINIA BEACH 5 WHEREAS, the City of Virginia Beach, through its elected 6 representatives and professional staff, and through the civic 7 organizations representing City residents, strives to ensure that 8 our municipality is a wholesome planned community, attractive to 9 residents and visitors; 10 WHEREAS, an essential element of sound community planning 11 is the regulation of commercial entertainment, including the 12 exclusion of activities which are not compatible with surrounding 13 residential neighborhoods; 14 WHEREAS, In The Black, Inc., proprietor of the premises 15 located at 3656 Shore Drive, doing business as Milton's Cafe, 16 adjacent to the residential community of Ocean Park, has applied to 17 the Alcoholic Beverages Control Board for an on-premises license to 18 sell beer and wine in conjunction with "go-go,' dancing; 19 WHEREAS, the Ocean Park Civic League has asserted that 20 such an establishment would constitute a nuisance and would 21 substantially detract from the quality of life enjoyed by families 22 in the adjacent residential neighborhoods; 23 WHEREAS, following a hearing conducted by the Alcoholic 24 Beverages Control Board, the hearing examiner nonetheless 25 recommended approval of the license application; 26 WHEREAS, the Ocean Park Civic League has appealed the 27 examiner's decision to the Alcoholic Beverages Control Board, 28 requesting that the license not be granted. 29 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY 30 OF VIRGINIA BEACH, VIRGINIA: 31 That the Council affirms its support of the ocean Park 32 CiVic League's appeal to the Alcoholic Beverages control Board to 33 deny the application for an on-premises beer and wine sales license 34 to In The Black, Inc., for the premises located at 3656 Shore 35 Drive, in the City of Virginia Beach, adjacent to the residential 36 community of Ocean Park. 37 Adopted by the Council of the City of Virginia Beach, 38 Virginia, on the - 14 day of April 1992. 39 CA-4638 40 ORDIN\NONCODE\Go-Go.RES 41 R-3 - 16 - Item III-H. CONSENT AGENDA ITEM # 35505 Upon motion by Vice Mayor Fentress, seconded by Councilman Sessoms, City Council APPROVED in ONE MOTION Items 1, 3, 4 and 5 of the CONSENT AGENDA. Item 2 was pulled for a separate vote. Voting: 10-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Nancy K. Parker - 17 - Item III-H.I. CONSENT AGENDA ITEM # 35506 Upon motion by Vice Mayor Fentress, seconded by Councilman Sessoms, City Council ADOPTED: Resolution authorizing the City Manager to execute a five- (5) year lease agreement between the City of Virginia Beach and The Virginia Beach Center for the Arts, 2200 Parks Avenue (VIRGINIA BEACH BOROUGH). Voting: 10-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Nancy K. Parker 1 A RESOLUTION AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A LEASE BETWEEN 3 THE CITY OF VIRGINIA BEACH AND THE 4 VIRGINIA BEACH CENTER FOR THE ARTS, 5 A VIRGINIA CORPORATION 6 7 8 9 WHEREAS, in 1982, the Council of the City of Virginia 10 Beach, Virginia, provided certain property to the Virginia Beach 11 Arts Center, Inc. for construction of an Arts Center; and 12 WHEREAS, in 1986, the Council authorized the City Manager 13 to execute a lease between the City and the Virginia Beach Arts 14 Center, Inc.; and 15 WHEREAS, the said 1986 lease has expired; and 16 WHEREAS, Virginia Beach Arts Center, Inc. has been 17 renamed the Virginia Beach Center for the Arts, which is a Virginia 18 corporation; and 19 WHEREAS, Council desires to execute a new Lease Agreement 20 between the City of Virginia Beach and the Virginia Beach Center 21 for the Arts; and 22 NOW, THEREFORE, 15E IT RESOLVED BY THE COUNCIL OF THE CITY 23 OF VIRGINIA BEACH, VIRGINIA: 24 That the City Manager is hereby authorized to execute the 25 attached Lease between the City of Virginia Beach and the Virginia 26 Beach Center for the Arts, a Virginia corporation. 27 Adopted by the Council of the City of Virginia Beach, 28 Virginia, on this 14 day of April 1992. 29 30 CA-4634 31 ARTCENTR.RES 32 R-1 33 D'P M',NT ;@@A-,T3LEGAL SU, FiCiENC.Y AND @CR @A LEASE AGREEMENT THIS AGREEMENT OF LEASE, hereinafter "Lease, 11 made this day of- . 1 199@, by an between the CITY OF VIRGINIA BEACH, a virginia municipal corporation, hereinafter "Landlord,ll and the VIRGINIA BEACH CENTER FOR THE ARTS, a corporation organized and existing under the laws of the Commonwealth of Virginia, hereinafter "Tenant." W I T N E S S E T H That for and in consideration of the mutual benefits accruing or to be accrued to the above mentioned parties and other good and valuable consideration, Landlord hereby leases to Tenant and Tenant hereby leases from Landlord, the following described property: Parcel One All that certain lot, piece or parcel of land as shown on that certain subdivision plat entitled "PLAT SHOWING RESUBDIVISION OF LOTS 7-47 AND STREET CLOSURES OF PORTIONS OF 22ND STREET, 23RD STREET, 'A' STREET AND 'C' STREET FOR THE CITY OF VIRGINIA BEACH M.B. 29 PG. 75 VIRGINIA BEACH BOROUGH VIRGINIA BEACH, VIRGINIA AUGUST 26, 1985 SCALE: 111=100111 a copy of which is recorded in the Clerk's office of the Circuit Court of the City of Virginia Beach, Virginia in Deed Book 2465 at Page 1407. Parcel Two All that certain lot, piece or parcel of land as shown on that certain subdivision plat entitled "PLAT SHOWING STREET CLOSURE OF GPIN No. PORTION OF OLD VIRGINIA BEACH ROAD BY CITY OF VIRGINIA BEACH VIRGINIA BEACH BOROUGH - VIRGINIA BEACH VIRGINIA BUREAU OF SURVEYS AND nAPPING ENGINEERING DIVISION DEPARTMENT OF PUBLIC WORKS CITY OF VIRGINIA BEACH, VIRGINIA" a copy of which is recorded in the Clerk's office of the Circuit Court of the City of Virginia Beach, Virginia in Deed Book 2980 at Page 913. The above described parcels located in the virginia Beach Borough, Virginia Beach, virginia, are a part or portion of those certain lots, conveyed by Deed from Dolphin Corporation, a Virginia Corporation, to the landlord herein, a copy of which Deed is recorded in the aforesaid Clerk's Office in Deed Book 495 at page 447. The above described parcels are also a part or portion of that certain parcel conveyed by Deed from William A. Keiss and Barbara J. Keiss, husband and wife to the landlord herein, a copy of which deed is recorded in the aforesaid .Clerk's Office in Deed Book 495 at page 445. The above described parcels are also a part or portion of that certain parcel conveyed by Deed from Winfred Berry and Genie D. Berry, husband and wife to the landlord herein, a copy of which deed is recorded in the aforesaid Clerk's Office in Deed Book 1069 at page 304. This Lease is subject to all easements and restrictions of record. This Lease shall be subject to such terms and conditions as follows: 1. TERM. The term of this Lease shall be for five (5) years, commencing on October 1, 1991 and ending at midnight on September 30, 1996. 2. RENT. The total rent for the term hereof and any renewal term hereof shall be one dollar ($1.00) per annum, which Tenant shall pay to Landlord, in advance, at such place as may be designated by Landlord. 2 3 . USE OF DEMISED PREMISES. The demised premises, hereinafter "Premises," shall be used for the purpose of occupying and using same for art classes, shows, exhibits, offices, gift shops, food and beverage concessions, theatre and recreational purposes, social functions, business meetings and fund-raising activities. Tenant shall not use nor permit the demised premises or any part thereof, to be used for any purpose other than as stated in this section of the Lease. Tenant hereby covenants that it will comply with all Federal, State, and municipal laws, ordinances and regulations applying to the demised premises, or the uses of the demised premises, and further covenants that it will not do or permit to be done any act or thing or omit to do any act or thing which conflicts or otherwise fails to comply with the terms of any policy of insurance, of whatever kind, covering the premises or any part thereof. It is expressly understood and agreed that all activities on the Premises are solely that of the Tenant. Tenant, in no way, represents or acts on behalf of the Landlord or any department thereof. 4. LANDLORD'S OBLIGATION TO REPAIR. Landlord shall, at its sole expense, keep and maintain the premises, including all buildings and improvements upon the premises, including sidewalks and landscaping, in good condition and repair. Landlord shall provide custodial services, whether by City employees or outside contract, in and about the premises and shall be paid or 3 reimbursed by Tenant for the cost thereof, or at Landlord's option Tenant may provide custodial services at Tenant's expense. Tenant shall, in no event, perform any repairs upon the premises, whether such repairs be structural or otherwise, but shall use its best efforts to maintain the premises in a neat and orderly condition. 5. INDEMNIFICATION. Except as otherwise provided herein, Tenant shall indemnify Landlord against all liabilities, expenses, and losses incurred by Landlord as a result of (a) failure by Tenant to perform any covenant required to be performed by the Tenant hereunder; (b) any accident, injury, or damage which shall happen in or about the leased property or appurtenances thereto or resulting from the condition, maintenance or operation of the leased property. Landlord shall not be liable for any loss, injury, death, or damage to persons or property which at any time may be suffered or sustained by Tenant or by any person whomsoever may at any time be using or occupying or visiting the demised premises or be in, on, or about the same, whether such loss, injury, death, or damage shall be caused by or in any way result from or arise out of any act, omission, or negligence of Tenant or any occupant, visitor, or user of any portion of the premises, or shall result from or be caused by any other matter or thing whether of the same kind or of a different kind than the matters or things above set forth. The Tenant shall indemnify Landlord against all claims, liability, loss, or damage whatsoever on 4 account of any such loss, injury, death, or damage. Tenant hereby waives all claims against Landlord for injuries to person or property in or about the premises, from any cause arising at any time. The three (3) preceding sentences shall not apply to loss, injury, death, or damage arising by reason of the negligence or misconduct of Landlord, its agents or employees. Tenant further agrees to defend, indemnify, and hold harmless the City of Virginia Beach, its employees, agents and volunteers from any and all liability and/or damages for injuries to persons or damage to property arising out of the acts or omissions of the Tenant, Tenant's agents or employees under this Lease. 6. INSURANCE. Landlord shall, at all time during the term of this Lease, keep all buildings and improvements which are now or hereafter a part of the premises insured against loss or damage by fire or other casualty to Landlord and Tenant as their interest may appear. Tenant shall, at all times during the term of this Lease, maintain similar insurance upon the furniture, fixtures, and exhibits, on or upon the premises. Tenant shall, prior to occupancy of any portion of the demised premises, procure and shall thereafter maintain in full force and effect during the entire term of this Lease, including any renewal term hereof, a policy or policies of insurance protecting and insuring Tenant and Landlord, and their respective officers, agents, and employees, against any loss, liability, or expense whatsoever, from personal injury, death, or property 5 damage arising out of or occurring in connection with Tenant's use or occupancy of the premises. Landlord and Tenant, and their respective officers, agents, and employees, shall be named as insured under any and all such policies. Such policy or policies shall be written and issued by a responsible insurance company or companies authorized to do business in the Commonwealth of Virginia. The total amount of coverage of such policy or policies shall be no less than five hundred thousand dollars ($500,000.00) combined single limits. The risks covered by any such policy or policies shall not be limited, nor the amount of coverage thereunder reduced, by reason of any insurance maintained by the City. A copy of such policy or policies shall be provided to Landlord prior to occupancy of any portion of the demised premises. The procurement of insurance by Tenant shall not relieve Tenant of liability under the indemnity and save harmless provisions of the preceding paragraph of this Lease. 7. FIRE OR CASUALTY. Except as otherwise provided herein, in the event that the buildings or improvements on the premises or any part thereof are damaged or destroyed by fire or other casualty, Landlord shall have no obligation to reconstruct the same. Tenant may, at its sole option reconstruct or repair any such improvements to the extent it chooses. 8. WASTE AND NUISANCE PROHIBITED. During the terra of this Lease, Tenant shall comply with all applicable laws affecting the demised premises. Tenant shall not commit, or 6 suffer to be comnitted, any waste on the demised premises or any nuisance. 9. ABANDONMENT OF PREMISES. Tenant shall not vacate or abandon the premises at any time during the term hereof; if Tenant shall abandon, vacate, or surrender the demised premises, or be dispossessed by process of law, or otherwise, any personal property belonging to Tenant and left on the premises shall be deemed to be abandoned, at the option of Landlord. 10. LANDLORD'S RIGHT OF ENTRY. Tenant shall permit Landlord and the agents and employees of Landlord to enter into and upon the demised premises for all purposes as the Landlord deems necessary. ii. UTILITIES. Tenant shall pay the cost of all electricity and gas used upon the Premises. Any easements granted for same shall be granted only for the term of the Lease. Accounts for all such services shall be in the name of Landlord and shall be billed directly to Landlord. Landlord shall provide Tenant with a copy of all such statements of account within fifteen (15) days after receipt by Landlord. Tenant shall thereafter pay any and all amounts due for any such service, as indicated by any such statement of account, within fifteen (15) days after receipt of such statement from Landlord. Landlord shall pay all of the expenses assessed for the connection, operation, and service charges for water and sewer services used by Tenant on the demised premises. The water and 7 sewer services shall be placed in the name of Landlord and billed directly to Landlord. 12. ASSIGNMENT AND SUBLETTING. It is understood and agreed that the Lease shall not be assigned or the Premises sublet without the express written consent of Landlord. Any such sublease or assignment without such consent shall be void, and shall, at the option of Landlord, terminate this Lease. Neither this Lease nor the leasehold estate of Tenant or any interest of Tenant hereunder in the demised premises or any buildings or improvements thereon shall be subject to involuntary assignment, transfer, or sale, or to assignment, transfer, or sale by operation of law in any manner whatsoever, and any such attempted involuntary assignment, transfer, or sale shall be void and of no effect and shall, at the option of Landlord, terminate this Lease. 13. ALTERATIONS AND IMPROVEMENTS. All alterations, improvements and additions to the Premises shall comply with all applicable building codes, ordinances and regulations and must be approved by the Landlord herein. Any such alterations, improvements or additions shall be at the sole expense of Tenant and Tenant shall indemnify Landlord against any expense or damage to the Premises as a result thereof. 14. LIENS - TENANT'S DUTY TO KEEP PREMISES FREE OF LIENS. Tenant shall keep all of the premises and every part thereof and all buildings and other improvements at any time located thereon free and clear of any and all mechanics, 8 materialmen, and other liens for or arising out of or in connection with work or labor done, services performed, or materials or appliances used or furnished for or in connection with any operations of Tenant, any alteration, improvement, or actions which Tenant may make or permit or cause to be made, or any work or construction, by, for, or permitted by Tenant on or about the premises, or any obligations of any kind incurred by Tenant, and at all times promptly and fully pay and discharge any and all claims on which any such lien may or could be based, and to indemnify Landlord and all of the premises and buildings and improvements thereon against all such liens and claims of liens and suites or other proceedings pertaining thereto. 15. NOTICES. Any notice provided for or required by this Agreement shall be deemed to have been delivered on the date that such notice has been personally delivered or deposited in the U.S. Mail, first class, return receipt requested, postage prepaid and addressed as follows: To Landlord: City Manager Municipal Center Virginia Beach, VA 23456 To Tenant: Virginia Beach Center for the Arts c/o President, Board of Trustees 2200 Parks Avenue virginia Beach, Virginia 23451-4062 16. WAIVER. The waiver by Landlord of, or failure of Landlord to take action with respect to any breach of any term, covenant, or condition herein contained, shall not be deemed to be a waiver of such term, covenant, or condition, or subsequent 9 breach of the same, or any other term, covenant, or condition therein contained. 17. PARTIES BOUND. The covenants and conditions herein contained shall, subject to the provisions as to assignment, transfer, and subletting, apply to and bind the successors, executors, administrators, and assigns of all of the parties hereto; and all the parties hereto shall be jointly severally liable hereunder. IN WITNESS WHEREOF, the parties have executed this Lease on the day and year first above written and have affixed their signatures and seals thereto. CITY OF VIRGINIA BEACH BY City Manager/Authorized Designee of the City Manager (SEAL) ATTEST: Ruth Hodges Smith City Clerk VIRGIPIA BEACH CENTER FOR THE ARTS By ,Lsc 7 APPROVED AS TO LEGAL SUFFICIENCY 10 STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: I a Notary Public in and for the City and State aforesaid, do hereby certify that , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER PURSUANT TO S 2-154 OF THE CITY CODE, whose name is signed to the foregoing writing, bearing date the _ day of 1 199-, has acknowledged the same before me in my city and State aforesaid. Given under my hand this day of 199-. Notary Public My Commission Expires: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: I, a Notary Public in and for the City and State aforesaid, do hereby certify that RUTH HODGES SMITH, City Clerk, City of Virginia Beach, whose name is signed to the foregoing writing, bearing date the day of , 199-, has acknowledged the same before me in my City and State aforesaid. Given under my hand this day of 199-. Notary Public My Commission Expires: STATE OF VIRGINIA CITY a Notary Public in and for resaid, do hereby certify that President, VIRGINIA BEACH CENTER FOR THE ARTS, whose name is signed to the foregoing writing, bearing date the @ day of 19@, has acknowledged the same before me in my City d St:7aforesaid. Given under my hand this 7zz day of 19@ ary Public My commission Expires: STATE OF VIRGINIA CITY OF 3V4:pg;T-NTA RI;AC-I!, to-wit: a Notary Public in and @or t@e City and State aforesaid, do hereby certify that VIRGINIA BEACH CENTER FOR THE ARTS, whose name is signed to the foregoing writing, bearing date the day o I 199@ has acknowledged the same before me in my City and State aforesaid. Given under my hand this day O@ 19@ ir ary Public My commission Expires: 12 - 18 - Item III-H.2. CONSENT AGENDA ITEM # 35507 Upon motion by Councilman Sessoms, seconded by Councilman Jones, City Council APPROVED: LOW BID: McLEAN CONTRACTING Lake Gaston Water Supply $3,454,450.00 COMPANY Project CIP 5-964, Contract B-1 Overhead Crossings Voting: 8-2 Council Members Voting Aye: John A. Baum, Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf and William D. Sessoms, Jr. Council Members Voting Nay: James W. Brazier, Jr. and Paul J. Lanteigne Council Members Absent: Nancy K. Parker The City Clerk advised Councilwoman Parker had to leave the City Council Session but wished her SUPPORT of this Low Bid for construction of the Lake Gaston Project made a part of the record. - 19 - Item III-H.3. CONSENT AGENDA ITF1,1 # 35508 Upon motion by Vice Mayor Fentress, seconded by Councilman Sessoms, City Council APPROVED: LOW BIDS with advance notice to proceed: ASPHALT ROADS & 1991-92 Bituminous $641,326.50 MATERIALS CO., INC. Utility Schedule Contract II A-TEC INDUSTRIES, INC. Little Neck Fire Station $517,000.00 CIP 3-944 Voting: 10-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Nancy K. Parker - 20 - Item III-H.4. CONSENT AGENDA ITEM # 35509 Upon motion by Vice Mayor Fentress, seconded by Councilman Sessoms, City Council APPROVED: CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY: Land Yachts Voting: 10-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Nancy K. Parker - 21 - Item III-H.5. CONSENT AGENDA ITEM # 35510 Upon motion by Vice Mayor Fentress, seconded by Councilman Sessoms, City Council ADOPTED: Ordinance authorizing tax refunds in the amount of $6,737.20 upon application of certain persons and upon certification of the City Treasurer for payment. Voting: 10-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Nancy K. Parker FORM t4O. C.A. 7 3/ 271 92 EMC AN ORDINANCE AUTHORIZING TAX REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE TREASURER FOR PAYMENT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for tax refunds upon certification of the Treasurer are hereby approved: NAME Tax Type Ticket Exonera- Da@e Penalty Int. Total Y ear of Tax Number tion No. p a id Source One Mortgage Services 92 RE(1/2) 107098-5 11/25/91 35.43 Robert H Vakos 92 RE(1/2) 118066-0 12/5/91 398.40 Colonial Inn Inc 92 RE(1/2) 22800-5 12/5/91 380.46 Rudolph & Ethel Potocnick 92 RE(1/2) 91680-5 12/5/91 10.90 NationsBank Mortgage Corp 92 RE(1/2) 6205-9 11/26/91 26.99 Doustan Partnership 90 RE(1/2) 127033-3 12/5/89 2,327.02 Doustan Partnership 90 RE(1/2) 127032-4 12/5/89 3,546.00 Progressive Property Mgmt N/A Pkng 365127 3/12/92 12.00 Total 6,737.20 This ordinance shall be effective from date of adoption. The above abatement(s) totaling c $6,737.20 We're approved by the Council of the City of Virginia Beach on the 14 day of pril, l@92 ji Approved as to form: Ruth Hodges Smith City Clerk @slg C Lille@City@, - 22 - Item III-I.1/2/3. PUBLIC HEARING ITEM # 35511 PLANNING Mayor Meyera E. Oberndorf DECLARED a PUBLIC HEARING on: PLANNING BY CONSENT (a) ROBERT E. HATCH VARIANCE (b) RICHARD E. NOTTINGHAM VARIANCES CRANGE OF ZONING (c) SALEM MEADOWS ASSOCIATES VARIANCE (d) JOHN C. AND MARY M. VOGEL CONDITIONAL ZONING CLASSIFICATION (e) "E" CORPORATION CONDITIONAL USE PERMIT PLANNING (a) R. G. MOORE BUILJ)ING CORPORATION MODIFICATION TO THE OCEAN LAKES MASTER PLAN (b) DEMETRIOUS T. AND GARIFALIA KOULOUKIS CONDITIONAL USE PERMIT (c) WILLIAM AND DELORES ORRICO, VARIANCE MR. AND MRS. R. L. HOUFF, DARRELL AND CAROLE GUNN, GARY ROBERTSON AND SHARON LEE PLANNING - RECONSIDERATION (a) PROVIDENCE PRESBYTERIAN CHURCH RECONSIDERATION OF COND. I CONDITIONAL USE PERMIT (ADOPTED: 5/14/91) (b) AQUA SPORTS, INC. RECONSIDERATION OF COND. 10A CONDITIONAL USE PERMIT (ADOPTED: 6/23/86) - 23 - Item III-1. PUBLIC HEARING ITEM # 35512 PLANNING BY CONSENT Upon motion by Councilman Jones, seconded by Vice Mayor Fentress, City Council APPROVED in ONE MOTION Items la, b, c and e of the PLANNING BY CONSENT Agenda. Item d was voted upon separately. Voting: 10-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Harold Heischober, Vice Mayor Robert E. Fentress, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Nancy K. Parker - 24 - Item III-I.I.a. PUBLIC HEARING ITEM # 35513 PLANNING BY CONSENT Upon motion by Councilman Jones, seconded by Vice Mayor Fentress, City Council APPROVED the application of ROBERT HATCH for a Variance to Section 4.4(b) of the Subdivision Ordinance. Appeal from Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance, Subdivision for Robert E. Hatch. Property is located at 2321 Pleasure House Road. BAYSIDE BOROUGH. The following conditions shall be required: 1. No additional entrances shall be permitted onto Pleasure House Road. An ingress/egress easement must be platted across the existing driveway located at the northern portion of the site to serve the proposed lot. 2. Prior to any land disturbing activity, a field investigation shall be conducted with a representative from the City's Landscape Services Division. All existing on-site vegetation shall be retained to the greatest extent practicable and protected, as described in the City's Tree Planting, Preservation and Protection Ordinance. The OWNER OR LECAL REPRESENTATIVE of the Owner, has reviewed the conditions for APPROVAL and has signed a STATEMENT OF CONSENT. Said STAYMNT OF CONSENT is hereby made a part of the proceedings. This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Fourteenth of April, Nineteen Hundred and Ninety-Two. Voting: 10-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Nancy K. Parker STATEMENT OF CONSENT APPLICANT: ROBERT E. HATCH APPLICATION: Variance - 2321 Pleasure House Road (Bayside Borough) DESCRIPTION: Section 4.4(b) CITY COUNCIL SESSION: April 14, 1992 THE UNDERSIGNED OWNER OR LEGAL REPRESENTATIVE FOR THE OWNER, (or Agent for the Owner), HAS REVIEWED THE CONDITIONS FOR APPROVAL (REQUIREMENTS) RECOMMENDED BY THE VIRGINIA BEACH PLANNING COMMISSION TO THE VIRGINIA BEACH CITY COUNCIL FOR AFFIRMATIVE ACTION ON THIS DATE AS THEY APPLY TO THE REFERENCED APPLICATION FOR AMENDMENT TO THE ZONING MAP OF THE CITY OF VIRGINIA BEACH, VIRGINIA, AND HEREBY ACCEPTS AND AGREES TO: 1. No additional entrances shall be permitted onto Pleasure House Road. An lngress/egress easement must be platted across the existing driveway located at the Northern portion of the site to serve the proposed lot. 2. Prior to any land-disturbing activity, a field investigation shall be conducted with a representative from the City's Landscape Services Division. All existing on-site vegetation shall be retained to the greatest extent practicable and protected, as described in the City's Tree Planting, Preservation and Protection Ordinance. Owner B Attorney/Agent Date: @ - I q- Cl -z - 25 - Item III-I.I.b. PUBLIC HEARING ITEM # 35514 PLANNING BY CONSENT Upon motion by Councilman Jones, seconded by Vice Mayor Fentress, City Council APPROVED the application of RICHARD E. NOTTINGHAM for a Variance to Sections 4.4(b) and 4.4(d) of the Subdivision Ordinance and ADOPTED an Ordinance for a Change of Zoning: Appeal from Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance, variance to Section 4.4(b) of the Subdivision Ordinance which requires that all lots created by subdivision meet all requirements of the City Zoning Ordinance. Property is located at 1408 Allyson Court. PRINCESS ANNE BOROUGH. Appeal from Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance, variance to Section 4.4(d) of the Subdivision Ordinance which requires that all lots created by subdivision shall have direct access to a public street. Property is located at 1408 Allyson Court. PRINCESS ANNE BOROUGH. A N D, ORDINANCE UPON APPLICATION OF RICHARD E. NOTTINGHAM FOR A CHANGE OF ZONING DISTRICT CLASSIFICATTON FROM B-2 TO R-5D Z04921344 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Richard E. Nottingham for a Change of Zoning District Classification from B-2 Community Business District to R-5D Residential Duplex District on the south side of Allyson Court, west of Oceana Boulevard. The proposed zoning classification change to R-5D Residential Duplex District is for single-family or duplex land use at a density no greater than 6 dwelling units per acre. The Comprehensive Plan recommends use of this parcel for retail/service land use. Said parcel is located at 1408 Allyson Court and contains 16,075 square feet. PRINCESS ANNE BOROUGH. This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Fourteenth of April, Nineteen Hundred and Ninety-Two. - 26 - Item III-I.I.b. PUBLIC HEARING ITEM # 35514 (Continued) PLANNING BY CONSENT Voting: 10-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Nancy K. Parker STATEMENT OF CONSENT APPLICANT: JOHN C. and MARY M. VOGEL APPLICATION: Conditional Zoning classification 2400 London Bridge Road (Princess Anne Borough) DESCRIPTION: AG-2 Agricultural District to B-2 Community Business District CITY COUNCIL SESSION: April 14, 1992 THE UNDERSIGNED OWNER C)R LEGAL REPRESENTATIVE FOR THE OWNER, (or Agent for the Owner), HAS REVIEWED THE CONDITIONS FOR APPROVAL (REQUIREMENTS) RECOMMENDED BY THE VIRGINIA BEACH PLANNING COMMISSION TO THE VIRGINIA BEACH CITY COUNCIL FOR AFFIRMATIVE ACTION ON THIS DATE AS THEY APPLY TO THE REFERENCED APPLICATION FOR AMENDMENT TO THE ZONING MAP OF THE CITY OF VIRGINIA BEACH, VIRGINIA, AND HEREBY ACCEPTS AND AGREES TO: 1. Encompassing the proffers included In the attached agreement. By: Attorney/ gent Date: - 28 - Item III-I.I.d. PUBLIC HEARING ITEM # 35516 PLANNING BY CONSENT John Vogel, 2400 London Bridge Road, Phone: 427-6610 Lou Pace, 1908 Hunts Neck Court, Phone: 468-0925, expressed concern as to the zoning being changed to B-2 rather than remaining AG-2 with conditions. Upon motion by Councilwoman McClanan, seconded by Councilman Brazier, City Council ADOPTED an Ordinance upon application of JOHN C. AND MARY M. VOGEL for a Conditional Zoning Classification: ORDINANCE UPON APPLICATION OF JOHN C. AND MARY M. VOGEL FOR A CONDITIONAL ZONING CLASSIFICATION FROM AG-2 TO B-2 Z04921345 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of John C. and Mary M. Vogel for a Conditional Zoning Classification ' from AG-2 Agricultural District to B-2 Community Business District on the south side of London Bridge Road, 2550 feet more or less west of General Booth Boulevard. The proposed zoning classification change to B-2 Community Business District is for commercial land use. The Comprehensive Plan recommends use of this parcel for suburban estate residential land use at densities that are compatible with single family use in accordance with other Plan policies. Said parcel is located at 2400 London Bridge Road and contains 18,000 square feet more or less. PRINCESS ANNE BOROUGH. The following condition shall be required: 1. An agreement encompassing proffers shall be recorded with the Clerk of the Circuit Court and is hereby made a part of the proceedings. This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Fourteenth of April, Nineteen Hundred and Ninety-Two. Voting: 10-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Nancy K. Parker INTER-OFFICE CORRESPONDENCE In Reply Refer 10 Our File No. CA-4346 DATE: April 7, 1992 TO: Leslie L. Lilley DEPT: City Attorney FROM: Gary L. Fentress DEPT: City Attorney RE: John and Mary Vogel conditional zoning Proffer Agreement Council Action Date: April 14, 1992 Enclosed please f ind a copy of the prof f er agreement submitted by the referenced applicant. The prof f er is acceptable as to legal form. GLF/dhh Enclosure JOHN C. VOGEL and MARY M. VOGEL TO (COVENANTS AND CONDITIONS) CITY OF VIRGINIA BEACH THI5 AGREEMENT, made this 26th day of November, 1991, by and between John C. VOGEL and Mary M. VOGEL, husband and wife, GRANTORS, parties of the first part, and the CITY OF VIRGINIA BEACH, a municipal corpora- tion of the Commonwealth of Virginia, GRANTEE, party of the second party, W I T N E 5 S E T H WHEREAS, Grantors are the owners of a certain parcel of land located in the PrinceS5 Anne Borough of the City of Virginia Beach containing 16.323 acres, more or less, located at 2400 London Bridge Rd. and being more particularly described in attached Exhibit A and/or according to a deed recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 1209 at page 604; and WHEREAS, the Grantors wish to change the zoning classification for a portion of the above-referenced parcel from AG-2 district to B-2 Conditional district, as more particularly described on Exhibit B attached hereto and incorporated herein, hereinafter referred to as the "Property", WHEREAS, the Grantor5 have initiated a conditional amendment to the zoning map of the City of Virgina Beach, Virginia, by petition addressed to the Grantee 5o as to change the zoning classification of the property from AG-2 District to Conditional 6-2 District; and WHEREAS, the Grantor'5 policy is to provide only for the orderly development of land for various purpoges through zoning and other land development legislation; and WHEREAS, the Grantor5 acknowledge that the competing and sometimes incompatible development of various types of uses conflict and that in order to permit differing types of uses an and in the area of the Property and at the same time to recognize the effects of change that will be created by the Grantor's proposed rezoning, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to resolve the situation to which the Grantor's rezoning gives rise; and WHEREAS, the Grantors have voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, or as a part of the prOP05ed amendment to the rezoning map with respect to the Property, the following reasonable conditions relating to the physi- cal development, operation and use of the property to be adopted as a part of said amendment to the zoning map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the Grantors, for themselves, their successors, personal repre3entatives, assign5, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compul- sion or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby make the following declaration of condi- tions and restrictions which shall restrict and govern the physical development, operation and U5e Of the Property and hereby covenant and agree that this declaration shall constitute covenants running with 2 the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantors, their Suc- cessors, personal representatives, assigns, grantees and other successors in interest or title: 1. The uses for the Property shall be limited to the conditional use permits granted by the City of Virginia Beach City Council; (1) October 12, 1970; (2) January 18, 1985 for a commercial boarding kennel for dogs; and an addition to existing buildings to board dog5 at Hunt Club Boarding Kennel; and (3) the Conditional Use Permit granted on October 22, 1991 for a recreational facility of an outdoor nature. 5aid permits are an file with the Department of Planning, City of Virgin- ia Beach and are hereby incorporated by reference. In addition to the uses in the Conditional Use Permits referenced above, the Grantee. may be allowed to sell animal consumable's, animal care products, feed and seed product5 and fertilizer products. 2. The sale of animal consumables, animal care products, feed and seed and fertilizers shall be conducted only between the hours of 08:00 a.m. to 6:00 p.m. Monday through Saturday and 10:00 a.m. to 4:00 p.m. on Sunday. 3. A freestanding sign no larger than 4 feet by 6 feet, with a maximum height of 8 feet, advertising the uses set forth above shall be permitted on the Property; the subject 5ign shall have a minimum of seventy-five square feet of land5caped area arourdthe base as describ- ed in section 214(c) of the City Zoning Ordinance, and shall be located as shown on the Site Plan entitled "Exhibit of Site A-1, Princess Anne Hunt Club, Inc., for John Vogel, Princess Anne Borough, V.B. Va. dated February 2, 1987, Basquier & Asso., and on file in the Department of Planning 3 of the City of Virginia Beach, hereafter referred to as I?Site Planfl. 4. Ingress and Egress to the Property 5hall be limited to one access point from London Bridge Road, said acceS5 point shall measure no more 5 access than 301 in width and shall be located at the existing or propo ed as shown on the "Site Plan", referenced above. 5. The total area utilized for retail 5ales involving the uses set forth in paragraph 1 herein shall be limited to a maximum of 5,776 square feet of Floor area and shall be located on the Property as shown on the Site Plan. The above conditions, having been proffered by the Grantors and allowed and accepted by the Grantee as part of the amendment to the zoning ordinance, shall continue in full force and effect-until a subse- quent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subse- quent amendment to zoning ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised zoning ordinance until specifically repealed. The conditions, however, may be repealed, amended or varied by written instrument record- ed in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee, after a public hearing before the Grantee which was advertised pursuant to the proVi5ions of Section 15.1-431 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. 4 Further conditions may be required by the Grantee during detailed site plan and/or subdivision review and the administration of applicable city codes by all cognizant City agencies and departments to meet all applicable city code requirements. All references hereinafter to AG-1, AG-2 and 6-2 Districts and to the requirements and regulations applicable thereto refer to the comprehensive zoning ordinance and subdivision ordinance of the City of Virginia Beach, Virginia, in force as of the 29th day of November 1991, which are by this reference incorporated herein. The Grantors Covenant and Agree that: (1) The Zoning Administrator of the City of Virginia Beach, Virginia shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing provisions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions, inclu- ding mandatory and prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall con- stitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate. (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantor5 shall petition the governing body for the review thereof prior to instituting proceedings in Court; and 5 (4) The Zoning Map may show by an appropriate 5ymbol on the map the existence of conditions attaching to the zoning of the property, and the ordinances and the conditions may be made readily available and aCCe5Sible for the public inspection in th.e office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk'5 office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the names of the Grantors and the Grantee. WITNESS the following signatures and seals: ............... (SEAL) ..... (SEAL) STATE OF VIRGINIA City of Virginia Beach, Va. to wit: The foregoing instrument was acknowledged before me this .aT@ -day of ...... 1992, by John C. Vogel and Mary M. Vogel @o r llbli,-' My Commission Expires: ............ 6 IXHIBIT A ALL that certain tract of land situated in Princess Anne Borougli of the City of Virginia Beach, Virginia, conprising 16.323 acres situated on the northeast side of Lor)don Bridge Road, ard being more particularly bounded and described as follows: 13T--GINNINC; at a point on the northeast side of London Britigr. Road as such Road is widened on its northeast side by a 20 foot strip of property rtinning along London Bridge Road whicii is dedicated to the City of Virginia Beach, Virginia. for street and higliway purpc)ses. at the intersection of tlie northeast side of tiie right of way of London Bridge iload as so widened I)y sucii dedication. and the southeast boundary of the propert.y of nalp)x A. Midgett, Jr. and Joacphine S. Midgett as shown on .-t certain survcy of property for Ralph A. Midgett, Jr. and josepliine S. Midgett, prepared by Gallup & Tarrall, Surveyors. clated March 2, 1962, and duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, .ind tlicnce rtinning North 46, o6l so" East 694. 96 feet to a point; tlicnce running South 43* 531 1011 East 131. 81 feet to a pin marking tbe southern corner of tlie site leased to Princess Anne Hiint; and thence running Nortli 46* 061 5011 East ZOI. 54 feet to i pin; thence running South 50 . 451 0011 East 7 23. Z5 feet in tlic line separating tlie properties of the parties of tbe first part froi-n tliose now or formerly Rtissell A. Brown; and tlience ri.inning Soutli 38* 201 3511 West alorij tlie line of Brown 160. 57 f ect to .1 pin; and thence running Sotith 37 * 36' 40" West 230. 6Z fect to .1 pin; and thence running South 73' 35' 30" West 617. 21 fcet along tlie line of tlie property now or forinerly Virginia F-lectric & Power Company to a pin; and tlience running Nortli 6 i, og, 30" West 48. 81 feet to a pin; and thence Nortii 55' IZ' 301, West 54. 10 feet to a pin; and tlience running North 49- 361 Z5" Wc,,t 77.70 feet to the northeast sidc of the right of way of i,ondon Bridge Road as widened by the aforesaid dedication; -,tnd theiice running along tlle eastern side of the right of way of i,on(lon Bridgc Road 215. 29 feet in the arc of a circle having a r-,xdius of 761. 20 feet to a pin-, and thence continiiing in a str-@iiglit line along tlie northeast side of said right of way Nortli 49' 391 4011 West 238.76 feet to the point of beginning. R]---SERVING, HOWEVER, unto tlie party of tile first part an easement twenty-five (25) feet in width running alo'ng and parallel to the nortliwestern botindary of tlie aforesaid parcel in thd first cotirse and distance called above, being Nortb 46- 061 5011 East a dist-.tnce of 694. 96 feet, and tliereby running from the north- eastcrn side of the right of way of Lon(lon Bridge Road as widencd by tlie said dedication to the property leased to Princess Anne I-lunt, which reservation shall be for an easement of ingress and egress by v ebicle, liorse or foot by the party of tlie first part or its lessees or grantees, TOGETHER WITI-I THE RIGHT to dedicate all or any portion of said easement as may be necessary or clesir.-ible in the judgment of the pa r t y of tlie first part to provide proper ingress and egress for its lessees and grantees. EXHIBIT B That certain tract of land situated in princess Anne Borough of the City of Virginia Beach, Virginia, conprising 0.413 Acres situated on the northeast side of London Bridge Road, and being ffore particularly bounded and described as follows: c@ncing at a point in the Northeasterly bounds of Wndon Bridge Road (variable Right-a-My) said point beirxg south easterly 629.62 feet and 53.00 feet to the left as @asured alon(i the construction centerline of Lonc3on Bridge Rd., (VDC)T Pr8ject No. U-00-134-122, RW-201), thence along the Right of @y for London Bri(3ge Road (M.B. 209 Page 1), North 410 01, 19-' mst, 17.00 feet; lbence 4805814111 Vbst, 13.02 feet; thence continuing along the bounds of London Bridge Road North 040081 42" Vbst, 117.01 feet; thence along the bounds of London Bridge Road North lf54-40-- vbst, 22.37 feet to a point being the intersection of the Southerly bound of a 20 foot Ingress and Bgress easerrent and the easterly bounds of London Bridge Road; thence along the Southerly bounds of a 20 foot ingress/egress easemnt south 48058141" East, 82.86 feet to a point in the @sterly bounds of a 0.413 acre conditional B-2 rezoning area; thence North 4100111911 East, 55 feet to the point of beginning; thence South 48 58'41" East, 200.00 feet to a pc)int; thence South 41901119" @t, 90.00 feet to a point; thence North 48 0 5814111 @st, 200 feet to a point; @nce North 41 01119" East, 90.00 feet to the point of beginnirig, containing 18,000 square feet or 0.413 acres of land said area being a part of Site A-1, Princess Anne Hunt Club, Inc. (Map Bc)ok 90 at page 35). - 29 - Item III-I.I.e. pUBLIC HEARING ITEM # 35517 PLANNING BY CONSENT Upon motion by Councilman Jones, seconded by Vice Mayor Fentress, City Council ADOPTED the Ordinance upon application of "Ell CORPORATION for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF "E" CORPORATION FOR A CONDITIONAL USE PERMIT FOR A COMMERCIAL RECREATIONAL FACILITY (FAMILY TABLE TOP) R04921420 BE TT HEREBY ORDAINED BY THE COUNCTL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of "E" Corporation for a Conditional Use Permit for a commerical recreational facility (family table top) in Suites 150 and 152, Newpoint Shopping Center. Said parcel is located at 544 Newtown Road and contains 3,635 square feet BAYSIDE BOROUGH. The following conditions shall be required: 1. A restriping plan depicting all additional parking that can be accommodated on the subject site shall be submitted to appropriate City staff for review. 2. The site shall be restriped as per the approved striping plan. 3. The applicant shall not be issued an occupancy permit for this use until the restriping has been completed and approved by appropriate staff. 4. A variance from the Board of Zoning Appeals will be required for any parking deficits. The OWNER OR LEGAL REPRESENTATIVE of the Owner, has reviewed the conditions for APPROVAL and has signed a STATEMENT OF CONSENT. Said STATEMENT OF CONSENT is hereby made a part of the proceedings. This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the Council of tbe City of Virginia Beach, Virginia, on the Fourteenth of April, Nineteen Hundred and Ninety-Two. - 30 - Item III-I.I.e. PUBLIC HEARING ITEM # 35517 (Continued) PLANNING BY CONSENT Voting: 10-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Nancy K. Parker STATEMENT OF CONSENT APPLICANT: "E" CORPORATION APPLICATION: Conditional Use Permit - 544 Newtown Road, Suites 150 and 152 (Bayside Borough) DESCRIPTION: Indoor commercial recreational facility (family table top) CITY COUNCIL SESSION: April 14, 1992 THE UNDERSIGNED OWNER OR LEGAL REPRESENTATIVE FOR TI@E OWNER, (or Agent for the Owner), HAS REVIEWED THE CONDITIONS FOR APPROVAL (REQUIREMENTS) RECOMMENDED BY THE VIRGINIA BEACH PLANNING COMMISSION TO THE VIRGINIA BEACH CITY COUNCIL FOR AFFIRMATIVE ACTION ON THIS DATE AS THEY APPLY TO THE REFERENCED APPLICATION FOR AMENDMENT TO THE ZONING MAP OF THE CITY OF VIRGINIA BEACH, VIRGINIA, AND HEREBY ACCEPTS AND AGREES TO: 1. A restriping plan depicting all additional parking that can be accommodated on the subject site shall be subrnitted to appropriate City staff for review. 2. The site shall be restriped as per the approved restriping plan. 3. The applicant shall not be issued an occupancy permit for this use until the restriping has been completed and approved by appropriate staff. 4. A variance from the Board of Zoning Appeals will be required for any parking deficits. By: Attorney/Agent Date: Iql@@ - 31 - Item III-I.2.a. PUBLIC HEARING ITEM # 35518 PLANNING Attorney R. J. Nutter, 4425 Corporation Lane, Phone: 671-6000, represented the applicant and requested DEFERRAL. This deferral will allow review of the applicant's prosposed remedy to the City's water restrictions by the Water Task Force. Upon motion by Councilwoman McClanan, seconded by Councilman Brazier, City Council DEFERRED until the City Council Session of May 12, 1992, an Ordinance upon application of R. G. MOORE BUILDING CORPORATION for a modification to the Ocean Lakes Master Plan: ORDINANCE UPON APPLICATION OF R. G. MOORE BUILDING CORPORATION FOR A MODIFICATION TO THE OCEAN LAKES MASTER PLAN Ordinance upon application of R. G. Moore Building Corporation for a modification to the Ocean Lakes Master Plan to allow townhouse development in lieu of multiple family development on Parcel A-2 located on the east side of Bold Ruler Drive, 1564.9 feet south of Dam Neck Road. Said parcel contains 20.791 acres. PRINCESS ANNE BOROUGH. Voting: 10-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Nancy K. Parker - 32 - Item III-I.2.b. PUBLIC HEARING ITEM # 35519 PLANNING Attorney Grover C. Wright, Jr. , Suite 802 Pavilion Center, 2101 Parks Avenue, Phone: 428-2741, represented the applicant. Upon motion by Councilman Jones, seconded by Councilman Heischober, City Council ADOPTED an Ordinance upon application of DEMETRIOUS T. AND GARIFALIA KOnOUKIS for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF D@TRIOUS T. AND GARIFALIA KOULOUKIS FOR A CONDITIONAL USE PERMIT FOR AN AUTOMOBILE REPAIR GARAGE R04921421 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Demetrious T. and Garifalia Kouloukis for a Conditional Use Permit for an automobile repair garage at the southeast intersection of Admiral Wright Boulevard and Euclid Road on Lots 1 and 22 through 25, Block 43, Euclid Place. The parcel contains 12,290 square feet. BAYSIDE BOROUGH. The following conditions shall be required: 1. No outside storage of parts or automobiles is allowed. 2. There shall not be any automotive repairs performed outside of the building. 3. Screening shall adhere to the submitted site plan. A Board of Zoning Appeals Variance to the required Category VI screening is needed has been granted by the BZA. This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Fourteenth of April, Nineteen Hundred and Ninety-Two, Voting: 10-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Nancy K. Parker - 33 - Item II-I.2.c. pUBLIC HEARING ITEM # 35519 PLANNING Delores Orrico and Carole Gunn, the applicants, represented themselves. Upon motion by Councilwoman McClanan, seconded by Councilman Baum, City Council APPROVED the application of WILLIAM AND DELORES ORRICO, MR. AND MRS. R. L. HOUFF, DARRELL AND CAROLE GUNN, GARY ROBERTSON AND SHARON LEE and granted a WAIVER to Section 5.6(a) of the Subdivision Ordinance which requires that sidewalks be constructed on both sides of an arterial or collector street. Appeal from Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance, Subdivision for William & Delores Orrico, Mr. and Mrs. R. L. Houff, Darrell & Carole Gunn, Gary Robertson and Sharon Lee. Property is located on the northeast side of Cantwell Road on Lots 1 thorugh 6, Buyrn Farm South. PRINCESS ANNE BOROUGH. Sidewalks, being already installed on Cantwell Road will not be required on the northeast side above described. Voting: 10-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Nancy K. Parker - 34 - Item 111-1.3.a. PUBLIC HEARING ITEM # 35520 PLANNING Carlton Goodwin, Architect for Providence Presbyterian Church. Upon motion by Counci Iman Clyburn, seconded by Counci Iman Jones, City Counci I APPROVED WAIVER OF CONDITION NU14BER ONE requiring adherence to the Landscape ordinance in the May 14, 1991, approved Application of PROVIDENCE PRESBYTERIAN CHURCH, for a Conditional Use Permit for a church addition: ORDINANCE UPON APPLICATION OF PROVIDENCE PRESBYTERIAN CHURCH FOR A CONDITIONAL USE PERMIT FOR A CHURCH (ADDITION) R05911365 Ordinance upon application of Providence Presbyterian Church for a Conditional Use Permit for a church (addition) at the southeast Intersection of Providence Road and Whitehurst Landing Road. The parcel is located at 5497 Providence Road and contains 2.816 acres. KEMPSVILLE BOROUGH. The following condition shall be required: 1. The applicant shall adhere to the landscape plan submitted to the Planning Department and referenced at City Council on April 14, 1992. Voting: 10-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vlce Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McCianan, Mayor Meyera E. Oberndorf and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Nancy K. Parker - 35 - Item III-I.3.b. PUBLIC HEARING ITEM # 35521 PLANNING Attorney William R. O'Brien, 2368 Haversham Close, Phone: 498-1417, represented the applicant Upon motion by Councilwoman McClanan, seconded by Councilman Sessoms, City Council APPROVED AMENDMENT OF CONDITION NUMBER TEN "A" in the June 23, 1986, approved Application of AQUA SPORTS, INC., for a Conditional Use Permit for recreational facilities of an outdoor nature in behalf of OCEAN BREEZE FESTIVAL PARK, INC., at 780 South Birdneck Road (PRINCESS ANNE BOROUGH). ORDINANCE UPON APPLICATION OF OCEAN BREEZE FESTIVAL PARK, INC. (AQUA SPORTS, INC.) FOR A CONDITIONAL USE PERMIT FOR RECREATIONAL FACILITIES OF AN OUTDOOR NATURE R0686849 Ordinance upon application of Ocean Breeze Festival Park (Aqua Sports, Inc.) for a Conditional Use Permit for recreational facilities of an outdoor nature on certain property located on the east side of South Birdneck Road, 830 feet more or less south of Bells Road. Said parcel contain 74.5 acres. Plats with more detailed information are available in the Department of Planning. PRINCESS ANNE BOROUGH Condition Number Ten "A" shall be amended to read as follows: 10 A. The proposed mechanical rides shall be located as shown on the site plan dated October 29, 1991, by Bruce D. Robinson Architecture/Design. The proposed Bungee Jumping Tower may be located north of the mechanical rides area, adjacent to the Strike Zone. Height limitation will be varied in the mechanical rides area and for the Bungee Jumping Tower only. The tower shall be no more than 150 feet in height. Air-filled safety bags may be used instead of netting. Voting: 10-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Nancy K. Parker - 36 - Item 111-J-1. APPOINTMENTS ITEM # 35522 Upon NOMINATION by Vice Mayor Fentress, City Council APPOINTED: WETLANDS BOARD Steven R. Barnes Unexpired term thru 9/30/96 Voting: 10-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McC I anan, Mayor Meyera E. Oberndorf an d Wi III am D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Nancy K. Parker - 37 - Item Ill-K.l. UNFINISHED BUSINESS ITEM # 35523 ADD-ON Counci Iman Baum referenced the package of information distributed by the City Manager, which wi I I be presented at a meeting of the Southern Area Review Committee of the Chesapeake Bay Local Assistance Board. This meeting has been scheduled by the Commonwealth as the first formal step in its consistency review ot the City's Chesapeake Bay Preservation Area Program and is intended to specitically address issues related to (1) the City's Chesapeake Bay Preservation Area Ordinance and (2) the delineation of the City's Resource Protection Areas (RPA's) and Resource Management Areas (RMA's). This meeting will be held at the Conference Room of the Hampton Roads Planning District Commission in Chesapeake on April 15, 1992, beginning at 10:00 A.M. Councilman Baum referenced Page 3 (definition of nontidal wetlands) in the Review of the City's Chesapeake Bay Preservation Act Program by the Commonwealth of Virginia/Chesapeake Local Assistance Department. Their staff is concerned the City's definition does not include all the hydric soils in the City. Councilman Baum stressed the importance of the City being on record as maintaining its current position. - 38 - Item 111-0-1. ADJOURNMENT ITEM # 35524 Upon motion by Counci Iman Baum, and BY CONSENSUS, City Counci I ADJOURNED the Meeting at 3:05 P.M- Be el Chief Deputy City Clerk R th Hodge Sm',th, CMCIAAE Meyera E. Obern orf City Clerk Mayor City of Virginia Beach Virginia